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HomeMy WebLinkAbout1971-06-09 I I I 1~27 Bozeman, Montana 9 June 1971 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 9 June 1971, at 1:15 o'clock p.m. Present were Mayor Langohr, Commissioner Grabow, Comm- issioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind III, City Manager Fryslie, Ass't. City Manager Keyes, City Attorney Berg and the Clerk. Commissioner Grabow opened the meeting with a prayer and the following proceedings were had: Minutes of the regular session held 2 June 1971 were approved as read. Appointment of City Commissioner to Serve Unexpired Term of R. HARRY MORROW, Deceased: The appointment of a City Commissioner to fill the unexpired term of R. Harry Morrow, deceased, was considered at length by the Commission. A number of qualified citizens had been discussed and it was felt that Carl Lehrkind III was the most qualified to serve the City of Bozeman as City Commissioner. It was moved by Commissioner Sedivy, seconded by Commissioner Grabow, that Carl Lehrkind III be appointed to the office of City Commissioner of this City to fill the unexpired term of the late R. Harry Morrow to be effective this date. Mr. Lehrkind's term will expire on 31 December 1974. Mayor Langohr made appropriate expressions of welcome to Carl Lehrkind III and pledged full coop- eration to ensure continued harmony and productive effort from the City Commission. The motion was carried by the following Aye and No vote: Those voting Aye being Commissioner Sedivy, Commiss- ioner Grabow, Commissioner Vollmer and Mayor Langohr; those voting No, none. City Attorney Berg informed the Commission that State law governing the Commission-Manager form of government stipulates that the hold-over Commissioner receiving the greatest number of votes will become Mayor for the last two years of their term. Mayor Langohr announced that accord- ing to law, William E. Grabow having received the greatest number of votes, will become the mayor of the City of Bozeman in January 1972. Open Bids - Walks & Curbs, 1970 Sidewalk Construction Program: This was the time and place set for receiving bids for the repairing and reconstruction of miscellaneous sidewalks and curbs. Affidavit of publication of "Notice to Bidders" was presented and it was moved by Commissioner Grabow, seconded by Commissioner Lehrkind, that the bid of W. D. Howells, Bozeman, being the only bid submitted be opened and read: W. D. Howells, Bozeman Sidewalks & Curbs $7,922.00 The Commission concurred with the recommendation of the City Manager and it was moved by Comm- issioner Lehrkind, seconded by Commissioner Vollmer, that the bids of W. D. Howells, Bozeman, be referred to the City Engineer for study and final recommendation on Wednesday, 16 June 1970, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Grabow, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy and Mayor Langohr; those voting No, none. Open Bids Gasoline, Diesel Fuel and Kerosene Supply to 30 June 1972: This was the time and place set for opening bids from gasoline, diesel fuel, and kerosene suppliers to furnish the City of Bozeman approximately 65,000 gallons regular gasoline, 11,000 gal- lons diesel fuel and approximately 1,000 gallons kerosene to 30 June 1972. The affidavit of publi- cation of the "Call for Bids" was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the bids be opened and read and the motion was carried by the following Aye and No vote: those voting Aye being COmmissioner Vollmer, Commissioner Sedivy, Commissioner Grabow, Commissioner Lehrkind III and Mayor Langohr; those voting No, none. The following bids were then opened and read: Chevron Oil Company Continental Oil Company Mobil Oil Corporation HUmble .Oil & Refining Co., Texaco, Inc., Treasure State Oil Co.,(Phi1lips) Union Oil Company G~~Yline .2062 .2200 .2040 .2059 .24 .2087 Di~f~~8Fue1 .1304 Ke:y~g~e .183 .1206 .1332 .134 .129 Upon recommendation of the City Manager, it was moved by Commissioner Sedivy, seconded by Commissioner Grabow, that the bids be referred to the Asa't. City Manager for checking and recommend- ation to be made to the Commission on Wednesday, 16 June 1972 and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Grabow, Commiss- ioner Lehrkind, Commissioner Vollmer and Mayor Langohri those voting No, none. Request for Curb Cut Variance - Ken LeClair, 702-712 S. 16th - Two Triplexes: A letter received from Kenneth LeClair 702-712 So. Sixteenth Ave., requesting two 36.6' curb 128 cuts to serve two driveways to three stall garages at 702-712 So. Sixteenth Avenue was presented. Following a discussion, it was moved by Commissioner Grabow, seconded by Commissioner Lehrkind, that they concur in the recommendation of the City Engineer also concurred in by the City Manager and approve a twenty-four foot curb cut variance at two triplexes located at 702-712 So. Sixteenth Avenue and the motion was carried by the following Aye and No vote; those voting Aye being Comm- issioner Grabow, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Sedivy, and Mayor Lan- gohr; those voting No, none. Annexation & Utility Agreement - 5 C Corporation: The Annexation and Utility Agreement between the "Five C. Development, Inc.," and the City of Bozeman to extend sewage facilities of the City of Bozeman outside of the City Limits of the City of Bozeman to service ~ the lands located east of Nineteenth Avenue between Lincoln and Kagy Lane and belonging to the Five C. Development, Inc., was presented as follows: 1. The City of Bozeman agrees to allow the parties of the second part to construct a sanit- ary sewer main from a point approximately eight hundred (800) feet north of the inter- section of Nineteenth and Lincoln Streets to the intersection of Nineteenth Street and Lincoln Avenue and from said intersection to the lands of the applicants, the parties of the second part, herein described. 2. Said Sewer main shall be constructed and installed in accordance with the plans and specifications as prepared and supervised by the City Engineer of the City of Bozeman, Montana 3. The cost of construction of said sewer main, including any sewer distribution lines within the area of applicant's lands herein described, shall be assumed and paid for by the parties of the second part herein. 4. The applicants, the parties of the second part herein, further covenant and agree to pay to the City of Bozeman, prior to making connection of said sewer system, all regular connection fees and costs which may be in effect at the time the connection is made. 5. The undersigned further covenant and agree to convey and transfer all sewer lines constructed pursuant to this agreement, to the City of Bozeman upon completion of the construction thereof to become a part of the city's sewer system and to be maintained thereafter by the City of Bozeman. 6. The undersigned, applicants and parties of the second part of this agreement, for, and in consideration of the privilege to connect onto the municipal sewer system of the City of Bozeman in the manner of and in accordance with the conditions herein set forth, do hereby expressly covenant and agree, for themselves and their successors in inter interest in any of the lands herein described, upon request by the City of Bozeman, MOntana, to cooperate with any consenttp the annexation of all property herein described into the corporate limits of the City of Bozeman, Montana. Following a discussion, it was moved by Commissioner Grabow, seconded by Commissioner Vollmer, that the City enter into the Annexation and Utility Agreement and that the Mayor and the Clerk of the Commission be authorized to execute the Agreement for the City of Bozeman and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Grabow, Commissioner Vollmer, Commissioner Sedivy, Commissioner Lehrkind and Mayor Langohr; those voting No, none. Commission Resolution No. 1472 - Intent to Create SID No. 502, Westside Water Mains, Hearing 7/7/71: COMMISSION RESOLUTION NO. 1472 A RESOLUTION OF TIlE CITY COMMIS S ION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 502 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A TRUNK LINE SYSTEM OF WATERMAINS THROUGH- OUT A PORTION OF THE CITY OF BOZEMAN, MONTANA, NAMELY THE CONSTRUCTION AND INSTALLATION OF A TWELVE (12) INCH WATERMAIN ON A PORTION OF WEST BBALL STREET, A TEN (10) INCH WATERMAIN ON NORTH TWENTIETH (20TH) AVENUE BETWEEN WEST MAIN STREET AND WEST BEALL STREET; AN EIGHT (8) INCH WATERMAIN ON NORTH NINETEENTH (19TH) AVENUE BETWEEN WEST MAIN STREET AND WEST BEALL STREET; AN EIGHT (8) INCH WATERMAIN ON ELEVENTH (11TH) AVENUE SOUTH BETWEEN WEST CURTISS STREET AND WEST BABCOCK STREET; AN EIGHT (8) INCH WATERMAIN ON ELEVENTH (11TH) AVENUE SOUTH BE'lWEEN WEST BABCOCK STREET AND THE NORTH LINE OF WEST MAIN STREET; AN EIGHT (8) INCH WATERMAIN ON WEST MAIN STREET BE'lWEEN ELEVENTH (11TH) AVENUE NORTH AND FIFTEENTH (15TH) AVENUE NORTH; AN EIGHT (8) INCH WATERMAIN ON AN EASEMENT THRU THE HIGH SCHOOL PROPERTY BETWEEN WEST MAIN AND A PROJECTION OF WEST BEALL STREET DRAWN BE'lWEEN NORTH ELEVENTH (llTHl AVENUE AND NORTH FIF- TEENTH (15TH) AVENUE; A TEN (10) INCH WATERMAIN ON WEST MAIN STREET BETWEEN A POINT APPROXIMATELY SEVEN HUNDRED (700) FEET WEST OF NORTH FIFTEENTIl (15TH) AVENUE AND A POINT OF INTERSECTION OF THE CENTERLINE OF WEST BABCOCK STREET AND THE EASTERLY ONE-SIXTEENTH (lf16th) LINE OF SECTION ELEVEN (11) TOWNSHIP 2 SOUTH, RANGE 5 EAST; AN EIGHT (8) INCH WATERMAIN ON WEST BABCOCK STREET BE- '!WEEN ELEVENTH (11TH) AVENUE SOUTH AND A NORTHERLY PROJECTION OF FIFTEENTH (15th) AVENUE SOUTH; A TEN (10) INCH WATERMAIN ON WEST BABCOCK STREET BETWEEN A NORTHERLY PROJECTION OF FIFTEENTH (15TH) AVENUE SOUTH AND THE INTERSECTION OF SAID WEST BABCOCK STREET AND EASTERLY ONE-SIXTEENTH (1/16TH) LINE OF SECTION ELEVEN (11), TOWNSHIP 2 SOUTH, RANGE 5 EAST; A TEN (10) INCH WATERMAIN ON SOUTH NINETEENTH (19TH) AVENUE BE'lWEEN THE NORTHERLY LINE OF WEST MAIN STREET AND I I I I WEST COLLEGE STREET; AN EIGHT (8) INCH WATERMAIN ALONG THE EASTERLY LINE OF THE STROZZI ADDITION TO BOZEMAN, MONTANA, BEING ALONG THE EASTERLY ONE-SIXTEEN'1H (1/16TH) LINE OF SAID SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST BETWEEN WEST COLLEGE STREET AND WEST BABCOCK STREET; AN EIGHT (8) INCH WATERMAIN ON WEST BABCOCK STREET AND SAID WEST KOCH STREET EXTEND- ED EAST AND WEST, BE'lWEEM SOUTH FIFTEENTH (15TH) AVENUE AND THE INTER- SECTION WITH U. S . HIGHWAY 191; AN EIGHT (8) INCH WATERMAIN ALONG THE SOUTHERLY RIGHT OF WAY OF SAID U. S. HIGHWAY 191, BETWEEN THE INTERSECT- ION OF WEST BABCOCK AND U. S. HIGHWAY 191 AND THE INTERSECTION OF SAID - U. S. HIGHWAY 191 AND WEST COLLEGE STREET; A FOURTEEN (14) INCH WATER- MAIN ON WEST COLLEGE STREET BE'lWEEN SOUTH SIXTEENTH (16TH) AVENUE AND THE INTERSECTION OF WEST COLLEGE AND U. S. HIGHWAY 191; A FOURTEEN (14) INCH WATERMAIN ON SOUTH NINETEENTH (19TH) AVENUE, BETWEEN WEST COLLEGE STREET AND A POINT APPROXIMATELY ONE THOUSAND FOUR HUNDRED AND EIGHTY (1,480) FEET SOUTHERLY THEREOF; A TWELVE (12) INCH WATERMAIN PARALLEL TO AND APPROXIMATELY ONE HUNDRED FIFTY (150) FEET SOUTHERLY OF WEST GARFIELD STREET, BEn-JEEN SOUTH NINETEENTH (19TH) AVENUE AND SOUTH FIF- TEENTH (15th) AVENUE; A TEN (10) INCH WATERMAIN PARALLEL TO AND APPROX- IMATELY ONE HUNDRED FIFTY (150) FEET SOUTHERLY OF WEST GARFIELD STREET BE'lWEENSOUTH ELEVENTH (11TH) AVENUE AND SOUTH FIFTEENTH (15TIi) AVENUE; A TEN (10) INCH WATER MAIN ON ELEVENTH (lITH) AVENUE AND ON WEST GARFIELD STREET TO CONNECT WITIi PRESENT MAIN; ALSO TO CONSTRUCT AND INSTALL ADDI- TIONAL WATERMAINS ON OTHER STREETS AND AVENUES WHERE IT MAY BE DEEMED TO BENEFIT THE DISTRIBUTION SYSTEM. CONSTRUCTION AND INSTALLATION OF SAID WATERMAINS TO INCLUDE NECESSARY TRENCHING, BACKFILL, PIPE, VALVES, FITTINGS, FIRE HYDRANTS AND OTHER NECESSARY APPURTENANT WORK INCIDENTAL THERETO. prepared by the City Attorney was presented. In concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the Resolu- tion be passed and 7 June 1971 be the date set for public hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Grabow, Commissioner Lehrkind III and Mayor Langohr; those voting No, none. License Bonds: C.P. Electric - $5,000.00, Valley Electric - $5,000.00: In compliance with Chapter fifteen of the Bozeman Municipal Code, the certificate of the Elec- trical Bond of C. P. Electric in the amount of $5,000.00 and the Electrical Bond of Valley Electric in the amount of $5,000.00 was presented. The City Manager reported the Building Inspector had re- commended the continuation of the bonds and the City Attorney had approved the certificates as to form. It was moved by Commissioner Sedivy, seconded by Commissioner Grabow, that the bonds be approved and accepted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Grabow, Commissioner Lehrkind III, Commissioner Vollmer and Mayor Langohr; those voting No, none. Kennel License Application - Harold Roufley, Jr.: An application received from Harold Rouf1ey, Jr., requesting a kennel license in accordance with Ordinance No. 857, Section 5.16.040 of the Bozeman Municipal Code, together with the required fee was presented. Following a discussion, it was moved by Commissioner Sedivy, seconded by Comm- issioner Grabow, that the request be tabled and the motion was carried by the following Aye and No vote: thos voting Aye being Commissioner Sedivy, Commissioner Grabow, Commissioner Lehrkind III Commissioner Vollmer and Mayor Langohr; those voting No, none. Reports for May: The following reports were presented for May: I Librarian Fluoridation Fire Chief Police Chief I The City Manager commented on the reports and recommended the approval thereof. It was moved by Commissioner Grabow, seconded by Commissioner Lehrkind III, that the reports be approved and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Grabow, Commissioner Lehrkind III, Commissioner Vollmer, Commissioner Sedivy and Mayor Langohr; those voting No, none. Leave for City Manager 10-25 June 1971: Robert F. Keyes, Acting City Manager: The City Manager requested that he be granted leave of absence from 10-25 June 1971 for the purpose of attending National Guard Camp, and that Ass't. City Manager Keyes be designated to perform the duties of the City Manager during this period. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the above request be granted and that the Ass't. City Manager be designated as Acting City Manager during this period and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind III, Commissioner Vollmer, Commissioner Sedivy, Commissioner Grabow and Mayor Langohr; those voting No, none. 129 130 Ordinance No. 906, Amening Title II, Chapter 11.04 Reporting Traffic Accidents: Ordinance No. 906 amending Title II, Chapter 11.04 of the Bozeman Municipal Code to require reporting of accidents was presented, entitled: ORDINANCE NO. 906 AN ORDINANCE AMENDING TITLE 11, CHAPTER 11. 04 OF THE BOZEMAN MUNICIPAL CODE TO REQUIRE REPORTING OF ACCIDENTS INVOLVING PROPERTY DAMAGE OF ONE HUNDRED OOLLARS OR MORE OR RESULTING IN PERSONAL INJURY TO OR DEATH OF ANY PERSON AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. In concurrence with the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that Ordinance No. 906 be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Sedivy, Commissioner Grabow, Commissioner Lehrkind III and Mayor Langohr; those voting No, none. Exchange Club Request for use of Old Country club Ground 5th of July Display: A request from the Exchange Club for permission to use the Old Country Club ground for their annual Fourth of July Fireworks display to be held on 5 July was presented. It was moved by Comm~ issioner Grabow, seconded by Commissioner Lehrkind III, that permission to stage the Fireworks dis- play on Monday 5 July 1971 as requested be granted and that the parents beurged to cooperate in keeping fireworks out of the hands of their children during the display and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Grabow, Commissioner Lehrkind III, Commissioner Vollmer, Commissioner Sedivy and Mayor Langohr; those voting No, none. Claims: C Claim No's. 421 thru 545 inclusive and 10916 thru 11111 inclusive were presented on the var- I ious funds as follows: Band $ 22.62 SDS $ 2,954.69 Cemetery 3,667.42 SID's 6,266.18 Garbage 2,248.60 Street 7,600.61 General 10,587.54 Water 12,544.79 Library 2,193.51 Airport 500.00 Driver Education 894.00 Planning Board 306.51 Park 4,129.96 New Sewer Canst. 1,326.35 Parking Meter 3,337.51 PL&P 25,000.00 PERS 1,832.29 Cemetery Perm. Care 90.00 Police Reserve 2,262.70 To tal $87,765.28 I The City Manager checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be directed to issue warrants in payment. It was moved by Commissioner Lehrkind III, seconded by Commissioner Vollmer, that the claims be approved and the motion was carried by the following Aye & No vote: those voting aye being Commissioner Lehrkind III, Commissioner Vollmer, Commissioner Sedivy, Commissioner Grabow and Mayor Langohr; those voting No, none. Adjournment: There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Sedivy, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commis issioner Sedivy, Commissioner Grabow, Commissioner Lehrkind an DO ATTEST t: f/ C?'/ /' ?_-/n-,-, - F'iif:a-cd:~ Erna V. Har .ng -..-/ Clerk of the City Commission I